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to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforcement standpoint, do you think it was the right decision to try him in civilian court? >> absolutel
to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact...
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i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation
i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy...
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. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the cooperation between russian authorities and the fbi is quite good. both want to understand what they might have missed, w
. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend,...
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the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you don't hold him as an enemy combatant, where you can question him without a lawyer, our intelligence is limited to what his lawyer will allow him to answer. >> you can be a foreign -- an enemy -- war with the united states. and an enemy combatant, where you are connected to a foreign group, trying to do harm to the united states. you can be taken into custody by the military, 30 days and questioned. after 30 days, you are sent to the civilian system? >> in his case, he was never eligible for trial by the military. that's different. i am talking about gathering intelligence. there are two
the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you...
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> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice. under u.s. law, united states citizens cannot be tried in military commissions. >> historically speaking, foreign policy tends to either stain or illuminate a president's legacy. time will tell which foreign policy position will define the obama years. joining us to discuss from washington is former assistant secretary of state and professor at george washington university, professor pj crowley. professor, thank you for joining us. >> hello. >> pj as we talk about the legacy of the obama doctrine, vis-a-vis our war on terrorists drones. the attacks were motivated to do what they did by the wars in iraq and afghanistan. i'll quote a little bit from that story. the 19-year-old suspect in the boston marathon bombings has told interrogators that the american wars in iraq and afghanistan, motivated he and his brother to carry out the attack. what do you make of that, pj? >> i'm not surprised at all that has been a mot
> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice. under u.s. law, united states citizens cannot be tried in military commissions. >> historically speaking, foreign policy tends to either stain or illuminate a president's legacy. time will tell which foreign policy position will define the obama years. joining us to discuss from washington is former assistant secretary of state and professor at george washington...